N. Joseph Calarco - Page 12

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          professionally involved with dramatic production for almost 40              
          years, and his interest in the activity can hardly be said to be            
          passing or casual.                                                          
               The fourth factor, the expectation that assets used in the             
          activity will appreciate in value, sec. 1.183-2(b)(4), Income Tax           
          Regs., is not relevant here.                                                
               The fifth factor, the success of the taxpayer in carrying on           
          other similar or dissimilar activities, sec. 1.183-2(b)(5),                 
          Income Tax Regs., seems largely neutral.  While petitioner has              
          had a long and successful academic career in drama and has gained           
          recognition from several well-known theaters and universities, he           
          has not managed a truly profitable business activity.                       
               The sixth factor, petitioner’s history of income or loss               
          from the activity, sec. 1.183-2(b)(6), Income Tax Regs., would              
          appear to bear heavily against petitioner, since he apparently              
          has never had a net gain from his playwriting.  As noted in                 
          Churchman, however, this is not decisive:                                   
               Such a history of losses is less persuasive in the art                 
               field than it might be in other fields because the                     
               archetypal ‘struggling artist’ must first achieve public               
               acclaim before her serious work will command a price                   
               sufficient to provide her with a profit.                               
          Churchman, 68 T.C. at 701-702.  Further, under section 1.183-               
          2(a), Income Tax Regs., an activity may be found to be engaged in           
          for profit if there exists a “small chance of making a large                
          profit.”  The example given in the regulations is of a wildcat              






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